MFT Systems SSJ for an Action Exceeding the SAT Using SAP for CI FINAL FE_Redacted.pdf

Version 3.0

SOLE SOURCE

FOR AN ACTION EXCEEDING THE SIMPLIFIED ACQUISITION THRESHOLD

USING SIMPLIFIED PROCEDURES FOR CERTAIN COMMERCIAL ITEMS

(AUTHORITY: FAR 13.501(a), 41 U.S.C.)

Requisition 143051-24-0043

1. Agency and contracting activity. Department of Commerce, NOAA Acquisition and Grants

Office (AGO), Western Acquisition division and NOAA Fisheries, Southwest Fisheries Science Center (SWFSC), Fisheries Research Division (FRD).

2. Nature and/or description of the action being approved.

This is a sole source for a follow-on to an existing contract/order. A firm fixed price contract with Ocean Gold Seafoods, Inc. to build and supply a multifunction trawl (MFT) system, participate in testing, refine the MFT, provide training to officers and crew aboard NOAA vessels and provide post-season maintenance is contemplated. The period of performance for this requirement is from the date of award through December 31, 2024.

3. Description of supplies or services required to meet the agency’s needs (including the total estimated value).

A novel multifunction trawl (MFT) system was designed and built in 2023 for conducting midwater and surface trawl sampling of Pacific hake and coastal pelagic fish species (CPS), respectively.

These surveys used to be conducted independently, but in 2025 NOAA Fisheries is moving to an integrated survey. This means that the MFT system must be able to accommodate the specific needs of each species sampling without negatively impacting the survey results or data integrity from previous years. The original net was designed and built by net experts following a competitive process, with input from leaders and stakeholders in the commercial fishing industry, and meets the characteristics specified by scientists at the SWFSC and NWFSC with expertise in the survey methods for these two species groups. A second net with identical specifications and capabilities that also incorporates modifications that improve net performance, identified during a testing and training cruise that included participation from the net designer/builder and their counterpart from the fishing industry is required. In addition to the net itself, modifications to the net, training of the command and crew from NOAA-owned and contracted vessels, and maintenance of both nets are also needed. The total estimated value is

4. Statutory authority permitting the sole source (including brand name) acquisition.

41 U.S.C. 1901, using SAP up to $7.5M as authorized by FAR 13.500(a) and implemented by FAR 13.501(a).

41 U.S.C. 1903, using SAP up to $15M for contingency operations as authorized by FAR 13.500(c) and implemented by FAR 13.501(a).

REQUIREMENTS23-0740

5. Demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited. The contracting officer has determined the following circumstances justify the use of a sole source as supported below:

Compatibility to existing systems or equipment - To minimize differences in net performance, selectivity, use, and maintenance, the MFT being requested must be identical to the original net, including: design, construction, materials specifications, and safe working load. The proposed contractor secured the necessary adjustable trawl doors, designed and fabricated the original net, demonstrated its use during sea trials, trained the command and crew of NOAA Ship Reuben Lasker, provided documentation, and is making modifications to improve performance. Those improvements will be incorporated into the net being requested. Furthermore, the various components (e.g., doors, bridles, codends) of the original net and accompanying net mensuration equipment owned and furnished by NOAA must be interchangeable with the net system being requested. For these reasons, the proposed contractor is uniquely qualified to build a duplicate net that is operationally capable of (1) being used in tandem from a second platform, or (2) serving as a backup for the primary net if fishing is conducted from a single ship. Most importantly, however, is the scientific justification for this 2nd net to be an effective duplicate of the first. It is critical the net minimizes any changes in the integrity and comparability of biological data used in acoustic validations. In the competition for the previous contract five offers were received, however Ocean Gold Seafoods was the only vendor with an acceptable proposal which met the requirement. As Ocean Gold Seafoods designed the MFT, another vendor couldn’t just follow the specs due to each vendor having unique manufacturing that cannot be adjusted. Use of a duplicate net will ensure high integrity of scientific data because collection equipment will be exactly the same. In contrast, use of a net that differs in any way would decrease scientific data integrity and it would be hard to determine whether any differences in data collected are attributable to differences in the net used versus differences in the environment or any other conditions vs being true differences in the data. The acoustic trawl survey for Coastal Pelagic Species, and Pacific hake is one of the most important data time series on the West Coast given their ecological and economic importance within the California Current Ecosystem and these surveys directly support stock assessments that inform federal management of these species, thus it is imperative that the aforementioned MFT systems be identical.

6. Description of efforts made to ensure that offers are solicited from as many potential sources as practicable, including whether a notice was or will be publicized as required by FAR Subpart 5.2 and, if not, which exception under FAR 5.202 applies.

As required by FAR 5.201(b)(1), a notification stating intent to sole source was posted at sam.gov on March 7, 2024. Any responses received from the notification on sam.gov will be considered by the Government. Additionally, the redacted JOFOC will be posted to sam.gov within 14 days of contract award.

7. Determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable.

The Contracting Officer determines that the anticipated prices will be fair and reasonable based upon a comparison with the Independent Government Estimate and market prices for similar services. Prior to the award of the proposed contract, pricing information shall be obtained from the Contractor and a price analysis will be performed to sufficiently determine that the cost to the

REQUIREMENTS23-0740

Government of the proposed acquisition will be fair and reasonable in accordance with FAR 13.106-3(a). If pricing cannot be determined fair and reasonable, no award will be made.

8. Description of the market research conducted (see Part 10) and the results or a statement of the reason market research was not conducted.

Market research was not conducted due to the nature of the MFT system being acquired needing to be an exact replica of the MFT system purchased in 2023. Market research was conducted for the previous requirement was within 18 months and included both sources sought and competition, so we believe the market has not changed.

9. Any other facts supporting the use of a sole source (including brand name), such as:

All supporting facts have been documented herein.

10. List of the sources that expressed a written interest in the acquisition.

None.

11. A statement of the actions, if any, the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required.

The Government will continue to conduct thorough market research to gauge the marketplace capabilities for future requirements. The Government will seek competition of future acquisitions for these services. Due to the limited nature of availability of these services, it is likely that barriers to competition will remain in the future.